M.P Freedom of Religion (Amendment) Bill-2013, is an Ultra Virus of Constitution

 

The Bharatiya Janata Party lead Government in Madhya Pradesh without explaining any rationale has passed the Madhya Pradesh Freedom of Religion (MPFR) (Amendment) Bill, 2013. The first attempt was done in 2006 against the background of the report of the Narendra Prasad Commission that probed the 2004 Anti-christian Riot in Jhabua District of Madhya Pradesh. The commission even though praised the works of Christian organizations; it blamed illegal religious conversions as the reason for the riots. The Madhya Pradesh Freedom of Religion (Amendment) Bill, 2006 had provisions to investigate every religious conversion appeal made to collector through the Superintend of Police, and after official clearance permission will be given for change of faith. In 2009 President of India rejected the Bill as ultra virus of the Indian Constitution.  

 

The Madhya Pradesh Freedom of Religion Act 1968(MPFR) required the priest to inform the District Magistrate, (DM) after the conversion ceremony while the MPFR (Amendment) Bill, 2013 amendment makes it compulsory for the priest to take a prior permission in prescribed form for the proposed conversion or to take part in such ceremonies. MPFR (Amendment) Bill 2013 makes all converted persons to inform authorities within a stipulated time and form prescribed by the government. The 1968 legislation puts violators jail term of one year or fine of one thousand rupees or both for forcible conversions but the punishment went up to two years in the case of a minor, a woman or a member of SC/ST.  The MPFR (Amendment) Bill, 2013 stipulates a jail term up to three years or a fine up to Rs 50,000, or both, for conversion using force, allurement or any other fraudulent means. In the case of person being converted is a minor, a woman or an SC/ST then the jail term will extend up to four years and fine up to Rs 1 lakh.

 

The State and Central Governments are free to enact any law in the Country but it has to be within the Constitution of India. The Constitution of India subjected to health and Law and Order has given right to every citizen to propagate his/her faith. But the Article 19(4) of the Constitution of India permits ‘to impose reasonable restriction in the interest of society.’ The MPFR Amendment Bill 2013 cannot be called as reasonable restrictions but infringements into the fundamental rights of individuals and communities. In Madhya Pradesh the fundamental organizations with the help of police and administration are registering cases against those purely involved in propagation of faith and faith formation of community members. So how can one be sure that the information submitted for prior permission to D M will not be misused? The new legislation has blatantly violated the personal liberty guaranteed in Article 21, freedom to become member of an association or form an association of Article 19 and serious restricts on Article 25 that gives freedom to propagate ones faith. The new legislation also work against the Fundamental Duties enshrined in the Constitution of India (Art. 51 A(c & e) ‘to promote unity, harmony and common brotherhood.’

 

The Constitution of India is secular and democratic, which means India is not a theocratic Country that formulates policies to appease any community but demands to promote democratic conscience. The MPFR (Amendment) Bill, 2013 has given the democratic conscience of people in the hands of D M. The D M plays the role of God in the choice of FAITH. The rudeness of the Government is visible in the fact that legislation does not give an appellant authority in case of rejection by the D M. 

 

After the BJP lead Government came to power in Madhya Pradesh, over hundred attacks against Christians have taken place and about 36 attempt to forced conversion cases are slapped and of which two has been disposed as false cases. The timing of the Bill is very important that there are a few months to go for Assembly and Parliament elections. To counter the Prime Minister in waiting Narendra Modi, the Chauhan lead Government in Madhya Pradesh has been trying to project Sangh Parivar’s Hindutva face through various schemes and policies and the MPFR (Amendment) Bill, 2013 is one of his efforts to do the same.  This hidden ajenda of the BJP government is clear from the fact there are no new provisions in the new legislation but slightly modified provisions in the lines of the already rejected Bill of 2006 by the President in 2009. They are certain that the present legislation is an ultra virus of the Constitution of India and it will be rejected by the Guardians of Constitution once again but are sure that elections will pass off by that time.